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Downward Variances at the District Court: Beware of Pyrrhic Victories
This week's Sentencing Guidelines opinion from the Third Circuit in United States v. Negroni underscores the importance of forcing district courts to create an adequate record at sentencing hearings. Paul Negroni and James Hall IV pled guilty to mail and wire fraud, among other crimes. They were knowing participants in a massive fraud scheme. Hall's original Guidelines range was
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In the News & Around the Blogosphere
Campbell Robertson, NYTimes, Hunting for Bargains After a Titan’s Fall: Everything Must Go (discussing yard sale of Richard Scrushy's Items) Boston.com, AP, Lawyer in RI corruption case plans not to testify Press Release, Greenberg Traurig Expands its Dallas Office With the Addition of Victor Vital DOJ Press Release, Former Owner of Illinois Technology Company Pleads Guilty
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New ABA Website Features U.S. and International Anti-Corruption News and Peer-Reviewed Analysis by and for Practitioners
The American Bar Association’s Criminal Justice Section is launching a new website that provides up-to-date, practitioner-oriented information and analysis on global anti-corruption matters. Managed by the section’s Global Anti-Corruption Task Force, the site features, among other unique categories of information: Peer-reviewed articles and analysis from practitioners worldwide; Up-to-date news reports; Extensive online resource links; A
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Commentary on Court Dismissal of Indictment Against Former VP & Associate General Counsel of GlaxoSmithKline
Check out – Sue Reisinger, Corporate Counsel, She Asked, Counsel Told: Case Against Glaxo Attorney Is Dismissed The former VP and Associate General Counsel of GlaxoSmith Kline had been charged with a 6-count Indictment for the alleged crimes of obstruction (1512), falsification and concealment of documents (1519) and false statements (1000). The Indictment against Lauren Stevents has now been dismissed, but
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Kott Decision Matches Kohring – Prosecutors Violated Brady
In an unpublished memorandum decision, the Ninth Circuit Court of Appeals found that Peter Kott's conviction, like Kohring, needed to be reversed because of Brady violations by prosecutors. The court in citing the Supreme Court's decision in Bagley said, that "there is a reasonable probability that, had the evidence been disclosed to the defense, the result
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In the News & Around the Blogosphere
Tampa Tribune (AP), Charlie Crist testifies at Sansom corruption trial David Ingram, NLJ, law.com, Michele Roberts Moves From Akin Gump to Skadden Globe Staff, Boston Globe, Nixon Peabody taps Ryan for crime group post DOJ Press Release, Founder of A&O Entities Convicted in $100 Million Fraud Scheme Law360, 3rd Circ. Upholds Prison Stint For Morgan
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Brady Discovery – Is Defense Getting It One Week Before Trial?
Previously blogged was a FCPA Act case with some interesting issues – such as whether the FCPA applies to state-owned entities. (see here) and whether a grand jury was being used for trial preparation (see here). The government had filed a supplemental memorandum and declaration of a US State Dept. official on the "foreign official" issue. The
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Third Circuit Rules – OK for Corporate Counsel to Testify Against CEO
In a closely watched case (see here), the Third Circuit was asked to consider whether corporate counsel had in fact represented an individual within the corporation and as such the attorney-client privilege should apply. Defendant had argued that the Bevill standard should not "apply here, as here, both the individual and the corporation have an express
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In the News & Around the Blogosphere
Amanda Bronstad, NLJ, law.com, ICE attorney gets 17-year sentence for taking bribes Jerry Mitchell, Jackson Clarion-Ledger, Minor, Ex-Judges Still in Limbo ABC6OnYourSide, Ex-judge goes on trial in Ohio corruption probe FBI Press Release, Former UBS Investment Banker Sentenced in Manhattan Federal Court to 22 Months in Prison for Insider Trading Scheme 9th Circuit – United States
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In the News & Around the Blogosphere
Pat Bealle & Cynthia Roldan, The Palm Beach Post News, 13 arrested in massive public corruption case FBI Press Release, Former Goldman Sachs Computer Programmer Sentenced in Manhattan Federal Court to 97 Months in Prison for Stealing Firm’s Trade Secrets Mike Scarcella, BLT Blog, DLA Piper Wants Judge To Quash Subpoena in Clemens Case E.